[Federal Register Volume 86, Number 139 (Friday, July 23, 2021)]
[Notices]
[Pages 38983-38985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15755]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-879]


Methionine From Japan: Final Affirmative Determination of Sales 
at Less Than Fair Value and Final Negative Determination of Critical 
Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of methionine from Japan are being, or are likely to be, sold in the 
United States at less than fair value (LTFV) for the period of 
investigation July 1, 2019, through June 30, 2020.

DATES: Applicable July 23, 2021.

FOR FURTHER INFORMATION CONTACT: Robert Scully, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0572.

SUPPLEMENTARY INFORMATION:

Background

    On March 4, 2021, Commerce published in the Federal Register the 
preliminary affirmative determination in the LTFV investigation of 
methionine from Japan, in which we also postponed the final 
determination until July 19, 2021.\1\ We invited interested parties to 
comment on the Preliminary Determination. A summary of the events that 
occurred since Commerce published the Preliminary Determination may be 
found in the Issues and Decision Memorandum.\2\
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    \1\ See Methionine from Japan: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary 
Affirmative Determination of Critical Circumstances and Postponement 
of Final Determination and Extension of Provisional Measures, 86 FR 
12625 (March 4, 2021) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Methionine from Japan,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is methionine from Japan. 
For a complete description of the scope of this investigation, see 
Appendix I.

Analysis of Comments Received

    All the issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice as Appendix II. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/index.html.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Tariff Act of 
1930, as amended (the Act).\3\
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    \3\ See Commerce's Letter, ``Request for Documentation,'' dated 
March 17, 2021; see also Sumitomo Chemical's Letter, ``Methionine 
from Japan: Resubmission of March 25, 2021 Verification 
Questionnaire Response,'' dated April 6, 2021.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we have made 
certain changes to the margin calculations for Sumitomo Chemical 
Company, Ltd. (Sumitomo Chemical). For a discussion of these changes, 
see the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act.
    Commerce calculated an individual estimated weighted-average 
dumping margin for Sumitomo Chemical. Therefore, the only rate which is 
not zero, de minimis, or determined entirely under section 776 of the 
Act is the rate calculated for Sumitomo Chemical. Consequently, the 
rate calculated for Sumitomo Chemical is also assigned as the rate for 
all other producers and exporters.

[[Page 38984]]

Final Negative Determination of Critical Circumstances

    Commerce preliminarily determined that critical circumstances exist 
for Sumitomo Chemicals and with respect to all other producers/
exporters.\4\ Parties submitted comments regarding our preliminary 
critical circumstances determination and we have modified our critical 
circumstances finding for Sumitomo Chemicals and all other producers/
exporters for this final determination. Thus, in accordance with 
section 735(a)(3) of the Act and 19 CFR 351.206, Commerce finds that 
critical circumstances do not exist for Sumitomo Chemicals or for all 
other producers/exporters. For a full description of the methodology 
and results of Commerce's critical circumstances analysis, see the 
Issues and Decision Memorandum.
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    \4\ See Preliminary Decision Memorandum at 4-7.
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Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Sumitomo Chemical Company, Ltd..............................       76.50
All Others..................................................       76.50
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in this final 
determination within five days of the date of publication of this 
notice to parties in this proceeding in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend the liquidation of all appropriate entries of subject 
merchandise, as described in Appendix I of this notice, entered, or 
withdrawn from warehouse, for consumption on or after March 4, 2021, 
the date of publication in the Federal Register of the affirmative 
Preliminary Determination.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), where appropriate, we will instruct CBP to require a cash 
deposit for such entries of merchandise equal to the estimated 
weighted-average dumping margin or estimated all-others rate, as 
follows: (1) The cash deposit rate for the respondents listed above 
will be equal to the company-specific estimated weighted-average 
dumping margins determined in this final determination; (2) if the 
exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin. These suspension of liquidation 
instructions will remain in effect until further notice.
    Further, because our final critical circumstances determination is 
negative, in accordance with section 735(c)(3) of the Act, we will 
instruct CBP to terminate the retroactive suspension of liquidation 
ordered at the Preliminary Determination for Sumitomo Chemicals and all 
other producers/exporters and to refund any cash deposits required with 
respect to entries of subject merchandise covered by the retroactive 
suspension of liquidation.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determination as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of methionine no later than 45 days after this 
final determination. If the ITC determines that such injury does not 
exist, this proceeding will be terminated, and all cash deposits posted 
will be refunded and suspension of liquidation will be lifted. If the 
ITC determines that such injury does exist, Commerce will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice will serve as a final reminder to the parties subject 
to administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This determination and this notice are issued and published in 
accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 
351.210(c).

    Dated: July 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is methionine and 
dl-Hydroxy analogue of dl-methionine, also known as 2-Hydroxy 4-
(Methylthio) Butanoic acid (HMTBa), regardless of purity, particle 
size, grade, or physical form. Methionine has the chemical formula 
C<INF>5</INF>H<INF>11</INF>NO<INF>2</INF>S, liquid HMTBa has the 
chemical formula C<INF>5</INF>H<INF>10</INF>O<INF>3</INF>S, and dry 
HMTBa has the chemical formula 
(C<INF>5</INF>H<INF>9</INF>O<INF>3</INF>S)<INF>2</INF>Ca.
    Subject merchandise also includes methionine processed in a 
third country including, but not limited to, refining, converting 
from liquid to dry or dry to liquid form, or any other processing 
that would not otherwise remove the merchandise from the scope of 
this investigation if performed in the country of manufacture of the 
in-scope methionine or dl-Hydroxy analogue of dl-methionine.
    The scope also includes methionine that is commingled (i.e., 
mixed or combined) with methionine from sources not subject to this 
investigation. Only the subject component of such commingled 
products is covered by the scope of this investigation.
    Excluded from this investigation is United States Pharmacopoeia 
(USP) grade methionine. In order to qualify for this exclusion, USP 
grade methionine must meet or exceed all of the chemical, purity, 
performance, and labeling requirements of the United States 
Pharmacopeia and the National Formulary for USP grade methionine.
    Methionine is currently classified under subheadings 
2930.40.00.00 and 2930.90.46.00 of the Harmonized Tariff Schedule of 
the United States (HTSUS). Methionine has the Chemical Abstracts 
Service (CAS) registry numbers 583-91-5, 4857-44-7, 59-51-8 and 922-
50-9. While the HTSUS subheadings and CAS registry number are 
provided for convenience and customs purposes, the written 
description of the scope of this investigation is dispositive.

[[Page 38985]]

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Final Negative Determination of Critical Circumstances
V. Discussion of the Issues
    Comment 1: Research and Development (R&D) Expenses
    Comment 2: Offset to the General & Administrative (G&A) Ratio
    Comment 3: ``Other'' Financial Expenses
    Comment 4: Shutdown Adjustment
    Comment 5: Startup Adjustment
    Comment 6: Packaging Materials/Product Characteristics
    Comment 7: Critical Circumstances
VI. Recommendation

[FR Doc. 2021-15755 Filed 7-22-21; 8:45 am]
BILLING CODE 3510-DS-P